[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12825-12826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03402]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-872]


Finished Carbon Steel Flanges From India: Final Results of 
Countervailing Duty Administrative Review; 2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. (RNG) received 
countervailable subsidies during the period of review (POR), January 1, 
2021, through December 31, 2021.

DATES: Applicable February 20, 2024.

FOR FURTHER INFORMATION CONTACT: Preston N. Cox or Scarlet K. Jaldin, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 
482-4275, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 17, 2023, Commerce published the Preliminary Results of 
this administrative review in the Federal Register and invited 
interested parties to comment.\1\ In September 2023, Commerce conducted 
verification of the information reported in the questionnaire responses 
of Norma (India) Limited (Norma) and R.N. Gupta & Co. Ltd. (RNG).\2\ On 
November 6, 2023, we received a timely filed case brief from the 
Government of India (GOI).\3\ On November 15, 2023, Commerce extended 
the deadline for issuing these final results to February 1, 2023.\4\ On 
January 23, 2024, we further extended the deadline for these final 
results to February 13, 2024.\5\ For a complete description of the 
events that occurred since the publication of the Preliminary Results, 
see the Issues and Decision Memorandum.\6\
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    \1\ See Finished Carbon Steel Flanges from India: Preliminary 
Results of Countervailing Duty Administrative Review; 2021, 88 FR 
56000 (August 17, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memo (PDM).
    \2\ See Memorandum, ``Report on Verification of Norma (India) 
Limited, USK Exports Private Limited, Uma Shanker Khandelwal & Co., 
and Bansidhar Chiranjilal,'' dated October 25, 2023; see also 
Memorandum, ``Report on Verification of R.N. Gupta & Co., Ltd.,'' 
dated October 25, 2023.
    \3\ See GOI's Letter, ``Case Brief on behalf,'' dated November 
6, 2023.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2021,'' dated November 
15, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2021,'' dated January 23, 
2024.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Finished Carbon Steel Flanges from India; 2021,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.\7\
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    \7\ Id. at 2-3.
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Analysis of Comments Received

    All issues raised by the GOI in its case brief are addressed in the 
Issues and Decision Memorandum. A list of topics discussed in the 
Issues and Decision Memorandum is provided in Appendix I. The Issues 
and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties and the 
information on the record, there have been no changes made from the 
Preliminary Results. For a full discussion of the issues, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\8\ For a full description of the methodology 
underlying our conclusions, including our reliance on adverse facts 
available pursuant to sections 776(a) and (b) of the Act, see the 
Issues and Decision Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
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Companies Not Selected for Individual Examination

    We made no changes to the methodology used in the Preliminary 
Results \9\ for determining a rate for companies not selected for 
individual examination. Therefore, we have made no changes to the 
subsidy rate calculated for companies not selected for individual 
examination. The companies for which a review was requested and that 
were not selected as mandatory respondents or found to be cross-owned 
with a mandatory respondent are listed in Appendix II.
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    \9\ See Preliminary Results PDM at 25-26.

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[[Page 12826]]

Final Results of Administrative Review

    As a result of this review, we determine that the following net 
countervailable subsidy rates exist for the period January 1, 2021, 
through December 31, 2021:
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    \10\ As discussed in the Preliminary Results PDM, Commerce has 
found the following companies to be cross-owned with Norma (India) 
Ltd.: USK Export Private Limited; Uma Shanker Khandelwal and Co.; 
and Bansidhar Chiranjilal. This rate applies to all cross-owned 
companies.
    \11\ See Appendix II for a list of companies not selected for 
individual examination.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Norma (India) Ltd. \10\.................................            2.98
R.N. Gupta & Co. Ltd....................................            3.20
Non-Selected Companies Under Review \11\................            3.09
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Disclosure

    Normally, Commerce discloses its calculations and analysis 
performed in connection with the final results to interested parties 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of publication of this 
notice, in accordance with 19 CFR 351.224(b). However, because we have 
made no changes to the calculations used in reaching the Preliminary 
Results, the countervailable subsidy rates are unchanged from the rates 
assigned in the Preliminary Results, and there are no calculations to 
disclose.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct U.S. Customs and Border Protection (CBP) to collect cash 
deposits of estimated countervailing duties in the amounts shown for 
each company listed above on shipments of subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of this administrative review. For 
all non-reviewed firms, we will instruct CBP to continue to collect 
cash deposits of estimated countervailing duties at the all-others rate 
or the most recent company-specific rate applicable to the company or 
the non-selected companies rate, as appropriate. These cash deposit 
instructions, effective upon the publication of these final results, 
shall remain in effect until further notice.

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this review 
for the above-listed companies at the applicable ad valorem assessment 
rates. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Administrative Protection Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the disposition of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 351.221(b)(5).

    Dated: February 13, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether the Duty Drawback Program Is Countervailable
    Comment 2: Whether the Export Promotion of Capital Goods Scheme 
Is Countervailable
    Comment 3: Whether the Interest Equalization Scheme Is 
Countervailable
    Comment 4: Whether Commerce Correctly Found the Merchandise 
Export From India Scheme and the Status Holder Incentive Scheme To 
Be Countervailable
    Comment 5: Whether Commerce Correctly Analyzed the Electricity 
Duty Exemption Under the State Government of Uttar Pradesh 
Investment Promotion Scheme/Infrastructure and Industrial Investment 
Policy (SGUP-EDE) Scheme
IX. Recommendation

Appendix II--Companies Not Selected for Individual Examination

1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited
6. C.D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. M F Rings and Bearing Races Ltd.
20. Mascot Metal Manufacturers
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works (PSW)
24. R.D. Forge
25. Raaj Sagar Steel
26. Ravi Ratan Metal Industries
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge
36. Umashanker Khandelwal Forging Limited

[FR Doc. 2024-03402 Filed 2-16-24; 8:45 am]
BILLING CODE 3510-DS-P